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Wednesday, 21 Sep 2022

Written Answers Nos. 79-93

School Transport

Ceisteanna (79)

Michael McNamara

Ceist:

79. Deputy Michael McNamara asked the Minister for Education further to Parliamentary Question No. 271 of 14 September 2022, if she will address the case of two children (details supplied); and if she will make a statement on the matter. [46337/22]

Amharc ar fhreagra

Freagraí scríofa

The School Transport Scheme is a significant operation managed by Bus Éireann on behalf of the Department. In the last school year over 121,400 children, including over 15,500 children with special educational needs, were transported on a daily basis to primary and post-primary schools throughout the country at a cost of over €289m in 2021.

In July 2022, Government announced funding for the waiving of school transport scheme fees for the coming school year as part of a wider package of cost of living measures.

Ticket registration for the 2022/23 school year closed on 29th July 2022 by which time almost 130,000 applications/registrations were received for mainstream school transport. This figure includes 44,299 new applications as well as roll-overs from the previous school year.

Children are eligible for transport at primary level where they reside not less than 3.2 kilometres from and are attending their nearest national school, and at post primary level where they reside not less than 4.8 kilometres from and are attending their nearest post primary school/education centre as determined by the department/Bus Éireann, having regard to ethos and language.

Children who are eligible for school transport and who have completed the application process on time will be accommodated on school transport services where such services are in operation.

In addition, temporary Alleviation Measures at post-primary level will be continued for the 2022/2023 school year pending completion of the review of the School Transport Scheme. This will mean that transport arrangements will continue to be provided for a number of post-primary students who are attending their second nearest school, who have applied and registered on time and who live more than 4.8km from their nearest school.

Children who are not eligible for school transport, but who completed the application process on time, will be considered for spare seats that may exist after eligible children have been facilitated; such seats are referred to as concessionary seats.

Because of the nature of concessionary transport for non-eligible children and the priority of providing places for eligible children, there may be an excess of demand over supply for concessionary places, in these cases Bus Éireann will allocate tickets for spare seats using a random selection process.

Bus Éireann has advised that the pupil(s) referred to by the Deputy in this case did not submit a ticket request for transport for the 2022/23 year and the pupils were not successful in obtaining tickets on the service.

Cost of Living Issues

Ceisteanna (80)

Matt Shanahan

Ceist:

80. Deputy Matt Shanahan asked the Minister for Social Protection the reason that a person cannot use their electricity allowance on their gas bill where it is a small amount against a significant gas bill; and if she will make a statement on the matter. [46180/22]

Amharc ar fhreagra

Freagraí scríofa

The Household Benefits package comprises of the electricity or gas allowance, and the free television licence. The package is generally available to people living in the State aged 66 years or over who are in receipt of a social welfare type payment or who satisfy a means test. The package is also available to some people under the age of 66, who are in receipt of certain social welfare payments. Only one Household Benefits package is payable per household and it is paid on a monthly basis.

The option exists for a recipient of an electricity allowance [as part of their household benefits package] to opt instead for a natural gas allowance. Some gas energy providers can apply the allowance as a credit directly to the customer's utility account. If the customer's energy provider cannot apply the allowance as a credit to their utility account, the customer can opt to have the allowance paid as a cash payment, directly to their nominated post office or financial institution account.

I trust this clarifies the matter for the Deputy.

Budget 2023

Ceisteanna (81)

Fergus O'Dowd

Ceist:

81. Deputy Fergus O'Dowd asked the Minister for Social Protection to confirm receipt of a submission (details supplied); and if she will make a statement on the matter. [46063/22]

Amharc ar fhreagra

Freagraí scríofa

I have received Safe Ireland's Pre-Budget Submission.

I was very grateful for the time and effort taken by Safe Ireland in producing this submission and in drawing these suggestions to my attention, as I am with all of the community and voluntary groups representing a wide range of cohorts within Irish society, all of whom advocate their position with clarity and strength.

The views and recommendations of Safe Ireland will form part of consideration by Government when forming social welfare measures to be included as part of Budget 2023, taking account of Government priorities, available resources, and the need to protect the most vulnerable in society.

I trust this clarifies the matter for the Deputy.

Social Welfare Schemes

Ceisteanna (82)

Claire Kerrane

Ceist:

82. Deputy Claire Kerrane asked the Minister for Social Protection if she has considered with regard to the back-to-enterprise allowance adjusting the reduction of 75 per cent of entitlements on the second year of the scheme (details supplied); and if she will make a statement on the matter. [46078/22]

Amharc ar fhreagra

Freagraí scríofa

The Back to Work Enterprise Allowance scheme offers support for people who are long term unemployed and who wish to enter the labour market through self-employment. The scheme plays a vital role in supporting the development of new enterprises. A budget of €56.5m has been allocated for the scheme in 2022.

The Back to Work Enterprise Allowance scheme is designed to provide a monetary incentive for people in receipt of a qualifying social welfare payment to develop a business while allowing them to retain a reducing proportion of their payment over two years with no restriction on the number of hours worked. A person retains 100% of their payment in year 1 and 75% in year 2, representing a 25% reduction of payment in year 2.

Back to Work Enterprise Allowance participants who have an established entitlement to Fuel Allowance on their underlying social welfare payment may retain this payment as a secondary benefit for the 2 year duration of their Back to Work Enterprise Allowance claim. Payment of social welfare support at the current levels for up to 2 years during the initial start-up period of a new business is a valuable support and assists to alleviate the associated risks involved and provides an element of financial security along with business mentoring and supports. There are no plans to amend the level of payments under the Back to Work Enterprise Allowance scheme.

I trust this clarifies the position.

Social Welfare Payments

Ceisteanna (83)

Michael Fitzmaurice

Ceist:

83. Deputy Michael Fitzmaurice asked the Minister for Social Protection when a supplementary payment will issue to a person (details supplied) that applied for this payment on 7 July while awaiting the outcome of another application; and if she will make a statement on the matter. [46091/22]

Amharc ar fhreagra

Freagraí scríofa

A weekly basic Supplementary Welfare Allowance has been awarded to the person concerned with effect from 19/05/2022. Payments, including all arrears due, will be available for the person to collect at their nominated Post Office on Thursday and Friday this week.

I trust this clarifies the matter.

Social Welfare Eligibility

Ceisteanna (84)

Bernard Durkan

Ceist:

84. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason that an application for carer's allowance has been refused in the case of a person (details supplied) in respect of their daughter who has type 1 diabetes and for whom they care on a full-time basis given that evidence of same has been provided; if the decision to refuse the application will be reviewed given the level of care provided; and if she will make a statement on the matter. [46124/22]

Amharc ar fhreagra

Freagraí scríofa

Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

I confirm that my department received an application for Carer’s Allowance (CA) from the person concerned on 24 May 2022.

Additional information in relation to the person’s employment was requested by a Deciding Officer (DO) on 31 May 2022. A reply to this information request was received on 2 June 2022.

The application was also referred to a local social welfare inspector (SWI) on 31 May 2022 to assess the level of care being provided, assess means and confirm that all the conditions for receipt of carer’s allowance are satisfied.

On foot of the SWI report, the DO decided that although the person concerned is providing a certain amount of care, the level involved did not amount to full-time care. Therefore, the application for CA was disallowed.

The person concerned was notified on 1 July 2022 of this decision, the reasons for it and of their right of review and appeal.

The person concerned requested a review of this decision on 14 July 2022 and submitted additional evidence in support of their application.

Following this review the decision has remained unchanged.

The person concerned was notified on 31 August 2022 of this decision, the reason for it and of their right of appeal to the Social Welfare Appeals Office.

I hope this clarifies the position for the Deputy.

Departmental Offices

Ceisteanna (85)

Michael Healy-Rae

Ceist:

85. Deputy Michael Healy-Rae asked the Minister for Social Protection if she is of the view that more privacy should be provided in local Intreo offices (details supplied); and if she will make a statement on the matter. [46135/22]

Amharc ar fhreagra

Freagraí scríofa

My Department is committed to delivering excellent customer service as pledged in the Customer Service Charter. My officials aim to ensure that all persons are served in a fair, courteous, and timely manner, provided with full and clear information regarding entitlements and have their privacy respected at all times.Every effort is taken by officials to ensure that people are afforded privacy in the conduct of their business with the Department. Meetings generally take place in private cubicles or offices within an Intreo Centre.

Any concerns a person may have about their privacy within an Intreo setting can be raised with my officials.

Social Welfare Appeals

Ceisteanna (86)

Marian Harkin

Ceist:

86. Deputy Marian Harkin asked the Minister for Social Protection the timeline for a decision on a social welfare appeal of a person (details supplied); and if she will make a statement on the matter. [46141/22]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

An application for pandemic unemployment payment by the person concerned was disallowed by a Deciding Officer of the Department on 9 April 2021. I am informed by the Social Welfare Appeals Office that, following a check on their systems, there is no trace of an appeal from the person concerned being received in that office.

In the normal course, an appeal against a decision of a deciding officer must be made within 21 days of the decision being notified. Appeals received outside of this time limit may be accepted at the discretion of the Chief Appeals Officer.

In light of the Deputy's question, the Appeals Office has now written to the person concerned seeking their grounds of appeal and an explanation for the failure to submit an appeal within the prescribed timeframe and, on receipt of the response, will determine whether a late appeal can be accepted and will notify the person concerned promptly. Should an appeal be accepted and referred to an Appeals Officer they will determine whether the appeal may be finalised by way of summary decision or if an oral hearing is necessary.

I trust this clarifies the matter for the Deputy.

Community Welfare Services

Ceisteanna (87)

Pádraig O'Sullivan

Ceist:

87. Deputy Pádraig O'Sullivan asked the Minister for Social Protection if her attention has been drawn to the additional workload that community welfare officers are facing due to the huge demand for the additional needs payment; if additional staff will be recruited to help with the backlog; and if she will make a statement on the matter. [46157/22]

Amharc ar fhreagra

Freagraí scríofa

The delivery of crucial community welfare services to meet the challenges and the needs of citizens across the country remains a priority for me and my Department. It is important that the Community Welfare Service (CWS) remains an accessible, flexible, and responsive service to meet the varied needs of vulnerable people, particularly in a time of crisis or emergency.

The Department has maintained staffing levels in the CWS nationwide in recent years during times when demands decreased, reflective of the commitment to continue to support the delivery of locally based services to customers.

In addition, there has been a number of innovations this year to increase efficiency in processing applications for SWA payments. One of these is the establishment of a back-office team to undertake the preparatory work on applications - for example, the gathering of supporting documentation that is necessary to assess and finalise a claim.

This method of processing applications supports a number of CWS areas across the country and it has been found to be very effective in releasing Community Welfare Officers (CWOs) from the requirement to undertake administrative tasks and to focus on delivery of services. It allows increased capacity for CWOs to meet with people as required and to process claims. This model will be extended to cover all CWS areas across the country in the coming weeks.

In addition, a new National CWS Claims Decisions Team is being established this month to work on finalising SWA applications. The focus of this team initially will be on claims for Additional Needs Payments. Where claims require further contact with the person or a home visit is required, the claim will remain with the local CWO to be finalised. This Claims Decisions Team is based in multiple locations around the country.

While changes to modernise and improve the service for customers are a feature of the service, it is important to remember that continued in-person engagement remains a pivotal feature within the community welfare service. The delivery of a locally based CWS remains a cornerstone of the service.

I trust this clarifies the matter.

Pension Provisions

Ceisteanna (88)

Éamon Ó Cuív

Ceist:

88. Deputy Éamon Ó Cuív asked the Minister for Social Protection when a decision will be made on the State pension (non-contributory) of a person (details supplied); the reason for the delay in making a decision in this case; and if she will make a statement on the matter. [46221/22]

Amharc ar fhreagra

Freagraí scríofa

An application for state pension non-contributory was received from the person concerned on 26 April 2022. On 11 May 2022, the case was referred to a Social Welfare Inspector to investigate the means of the person concerned so that their eligibility for the means-tested pension could be assessed.

The Social Welfare Inspector wrote to the person concerned on 7 June 2022 seeking details of earnings, financial accounts, assets and property held. On examination of the information provided, a further request for income details was issued on 4 July 2022. During attendance at interview with the Social Welfare Inspector at Galway Intreo Centre on 7 July 2022, and by letter of same date, the person concerned was asked to provide evidence of separation from their spouse and their current accommodation arrangements. A reminder letter was issued on 12 July 2022. The person concerned has provided additional information and an Inspector’s visit was arranged for 19 September 2022.

Following receipt of the Inspector’s completed report, a Deciding Officer will make a determination on the person’s eligibility to state pension non-contributory and they will be notified of the outcome, in writing.

I hope this clarifies the matter for the Deputy.

Social Welfare Schemes

Ceisteanna (89)

Michael Healy-Rae

Ceist:

89. Deputy Michael Healy-Rae asked the Minister for Social Protection if there are plans to increase the telephone allowance (details supplied); and if she will make a statement on the matter. [46229/22]

Amharc ar fhreagra

Freagraí scríofa

The Telephone Support Allowance (TSA) is a weekly payment of €2.50. Approximately 138,000 customers are in receipt of the TSA payment. The full year cost of the scheme is estimated at €18.1 million.

The primary objective of the TSA is to allow the most vulnerable people at risk of isolation, including the elderly and those with disabilities, access to personal alarms or phones for security. Therefore, the criteria for the allowance were framed in order to direct the limited resources available to my Department in as targeted a manner as possible.

All proposals, including any proposals to increase the Telephone Support Allowance could only be considered while taking account of overall Government policy and in a budgetary context. The Government will finalise its consideration of the Budget in the coming days having regard to all of its commitments. The outcome of this process will be announced on Budget Day.

Finally, the Department of Social Protection provides Additional Needs Payments as part of the Supplementary Welfare Allowance scheme for people who have an urgent need, which they cannot meet from their own resources. These payments are available through our Community Welfare Officers.

I hope this clarifies the matter for the Deputy.

Pensions Reform

Ceisteanna (90)

Ged Nash

Ceist:

90. Deputy Ged Nash asked the Minister for Social Protection her plans to hold a pension market review in view of the significant changes and ongoing issues within the sector; her views as to whether or not a full review including consultation with the public and relevant stakeholders is necessary; and if she will make a statement on the matter. [46239/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, regulations transposing requirements of the IORP II Directive came into effect in April of last year which set out minimum standards for the management and supervision of pension schemes, with the objective of ensuring the soundness of occupational pensions and better protections for scheme members and beneficiaries. The implementation of IORP II is expected to result in structural changes to how the market operates in the medium term.

In addition, work is already under way by Government on other pensions policy initiatives which are briefly detailed below.

The Roadmap for Pensions Reform 2018 - 2023 provides for major reform of State, occupational, private and public service pensions by setting out specific measures presented under six strands that, taken together, seek to modernise our pension system while continuing to target resources at those most in need. The five year Roadmap will provide for improvements in the governance and supervision of public and private pensions as well as the simplification of the wider pension system. Work is ongoing on advancing the recommendations contained in the Roadmap.

Following on from the publication of the Roadmap for Pensions Reform, in November 2020, the Interdepartmental Pensions Reform and Taxation Group’s (IDPRTG) Report on supplementary pensions was published. The Report contained 42 recommendations and conclusions aimed at advancing the goal of simplifying and harmonising the supplementary pension landscape which will reduce complexity, enhance market competitiveness and drive product efficiencies. Many of the IDPRTG recommendations have already been implemented with a cross-Departmental Implementation Group continuing its work on progressing other recommendations.

The Deputy will also be aware that, in fulfilment of a commitment in the Programme from Government, the Pensions Commissions was established in November 2020 to examine the sustainability of the State Pension system and the Social Insurance Fund. The Pension Commission's Report, published in October 2021, is a comprehensive and authoritative report based on various analyses of population, labour force and expenditure projective; an examination of international approaches, and responses to an extensive consultation process. Following extensive and detailed consideration of the Report recommendations, and consultation across Government through the Cabinet Committee structure, a recommended response and implementation plan was submitted to Government to decision. As the Deputy will be aware, yesterday I announced a series of landmark reforms to the State Pension system in Ireland.

In addition to the above, another key initiative is the introduction of an auto-enrolment (AE) retirement savings system. In March of this year, the Government approved the final design principles for the AE system and my officials are continuing to progress a range of elements of the overall implementation plan. In progressing this work, the Department is receiving technical support from the European Commission’s DG Reform, which assists EU member states implementing administrative and institutional reforms. A general scheme for the legislation has been approved by the Government and work in this regard is ongoing in conjunction with the Office of Parliamentary Counsel.

It is not intended to undertake a pension market review at this time as the Government’s priority is to continue to advance the work detailed above which will bring about significant changes to the pension market in Ireland and aims to improve retirement outcomes for pension savers.

Budget 2023

Ceisteanna (91)

Fergus O'Dowd

Ceist:

91. Deputy Fergus O'Dowd asked the Minister for Children, Equality, Disability, Integration and Youth to confirm receipt of a submission (details supplied); and if he will make a statement on the matter. [46061/22]

Amharc ar fhreagra

Freagraí scríofa

My Department has received this submission directly from Safe Ireland and the contents have been noted. Nevertheless, I'd like to thank you for bringing this to my attention and also to acknowledge the hugely valuable work that Safe Ireland does for victims of domestic, sexual and gender-based violence (DSGBV).

My Department has a strong record and commitment to sectoral engagement and aims to ensure that we harness the best service responses from across the statutory, community and voluntary sectors for those of greatest need in society.

Negotiations for Budget 2023 are ongoing at this time.

With input from the Taoiseach, Minister McEntee and I have worked intensively with Departmental officials on the Audit of the segmentation of Government’s response to domestic, sexual and gender-based violence and how the results of that audit fits with the Third National Strategy on DSGBV. As a result of those discussions and in response to the audit, it has been agreed that the Department of Justice will be the lead Department with responsibility for responding to domestic, sexual and gender-based violence, and that responsibility for policy, accommodation and services will also sit within the Department of Justice.

In the meantime, my Department and Tusla are actively collaborating with the Department of Justice.

Domestic, Sexual and Gender-based Violence

Ceisteanna (92)

Mary Lou McDonald

Ceist:

92. Deputy Mary Lou McDonald asked the Minister for Children, Equality, Disability, Integration and Youth the reason for the delay in finalising domestic violence-paid leave recommendations; if the recommendations will include a requirement for victims to provide documentation to support an application for domestic violence-leave; and the date on which he will publish his recommendations in full. [46073/22]

Amharc ar fhreagra

Freagraí scríofa

Since its formation, this Government has made it clear that tackling domestic, sexual and gender-based violence is a key priority. Conscious of the risk of poverty that those fleeing domestic violence face, the Programme for Government contains a commitment to investigate the provision of paid leave and social protection provision to victims of domestic violence.

The issue of domestic violence leave has been researched by officials in the Department of Children, Equality, Disability, Integration and Youth. This research has included consideration of domestic violence leave at international level, identifying best practice and developing a suitable model for roll-out in Ireland.

The Department engaged in a targeted consultation process with relevant stakeholders and social partners to examine how a scheme of leave should operate to address the needs of victims most effectively. This has included consulting with the monitoring committee of the Second National Strategy on Domestic, Sexual and Gender Based Violence, employers' groups and trade unions. Stakeholders of the National Equality Strategy Committees have also been consulted.

I have met with a number of employer representative bodies in relation to the domestic violence leave, as well as on the upcoming Work Life Balance Bill, including IBEC, Chambers Ireland and ICTU. Some of the issues that have arisen with the groups include the need for support for employers implementing such leave, as well as the need for flexibility in terms of people taking up the leave, and the documentation that would be required to support an application for domestic violence leave.

A report has been prepared based on this work, which was brought to Government this week. The report includes recommendations on how best to support employees experiencing domestic abuse, including proposals for the introduction of domestic violence leave, and will be published very shortly on Gov.ie.

As the Deputy will already be aware, I intend to progress domestic violence leave as part of the Work Life Balance Bill.

Early Childhood Care and Education

Ceisteanna (93)

Robert Troy

Ceist:

93. Deputy Robert Troy asked the Minister for Children, Equality, Disability, Integration and Youth if he will clarify issues in relation to the Labour Relations Commission Employment Regulation Order for the early years sector; if the order means that a school age practitioner will be paid the same rate as an early years educator regardless of training or qualifications; and the definition of the pay grades within the early years sector to ensure accuracy of pay grade application. [46076/22]

Amharc ar fhreagra

Freagraí scríofa

The State is not the employer and therefore does not set the pay and conditions for employees in either early learning and care (ELC) or school-age childcare (SAC) services. However, there is now, through the Joint Labour Committee (JLC) process, a formal mechanism established by which employer and employee representatives can negotiate pay rates for ELC and SAC services.

The Minister of State for Business, Employment and Retail recently accepted proposals, coming from the JLC process and the Labour Court, for Employment Regulation Orders (EROs) for the Early Years Services Sector. The Orders came into effect on 15 September 2022.

The two EROs set out the terms and conditions applicable and define the roles that are eligible for the new minimum hourly rates of pay, which in summary are;

€13.00 for Early Years Educators/ School-Age Childcare practitioners;

€14.00 for Early Years Lead Educators / School-Age Childcare co-ordinators;

€15.50 for Graduate Early Years Lead Educators / School-Age Childcare co-ordinators

€15.70 for Deputy Managers;

€16.50 for Managers; and

€17.25 for Graduate Managers.

The EROs will mean improved pay for over 70% of workers in the sector, with specific recognition for different roles and qualifications, thus establishing a wage structure for staff. This historic achievement is supported by Government’s €221m Core Funding Scheme, which I announced as part of Budget 2022, which will see increases in funding to ELC and SAC services to support improvements in staff wages, alongside a commitment to freeze parental fees. Core Funding also commenced on 15 September 2022.

Although currently there are no minimum qualification requirements for SAC, in December 2021 I launched "Nurturing Skills: The Workforce Plan for Early Learning and Care (ELC) and School-Age Childcare (SAC), 2022-2028". Among other commitments, Nurturing Skills commits to strengthen training and qualifications for SAC practitioners, including through the introduction of a minimum qualification for SAC over the coming years, with funding to be made available to support current SAC practitioners to meet the new qualification standard once it is in place.

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